1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 || JEFF HAWKINS, Case No.: 21cv1328-JO-JLB 12 Platt, ORDER ADOPTING REPORT AND 13 || Vv. RECOMMENDATION AND 14 ||} MARCUS POLLARD, Warden; B.D. COMP AINE NEES 15 PHILLIPS, Associate Warden; D. LEWIS, Associate Warden; GARCIA, Facility 16 |} Captain, 17 Defendants. 18 19 20 On July 23, 2021, Plaintiff Jeff Hawkins, proceeding pro se and in forma pauperis 21 || filed a complaint under 42 U.S.C. § 1983 against Defendants Warden Marcus Pollard 22 || Associate Wardens B.D. Phillips and D. Lewis, and Facility Captain Garcia (collectively 23 |)“Defendants”). In his complaint, Plaintiff alleged that Defendants violated his Eightl 24 || Amendment rights by failing to protect him from contracting COVID-19 while he wa: 25 ||incarcerated at Richard J. Donovan Correctional Facility. Dkt. 1 (“Complaint”) 26 || Defendants filed a motion to dismiss the Complaint for failure to state a claim. Dkt. 17 27 ||On September 7, 2022, Magistrate Judge Burkhardt issued a Report and Recommendatio1 28 1 || (“Report”) recommending that the Complaint against Defendants be dismissed with leave 2 ||to amend. Neither party filed objections to this Report. 3 While the district court has the authority to “accept, reject, or modify” the 4 ||recommendations made by the magistrate judge, it only does so when parties object to 5 ||them. 28 U.S.C. § 636(b)(1). “The statute makes it clear that the district judge must review 6 magistrate judge’s findings and recommendations de novo if objection is made, but not 7 || otherwise.” United States v. Reyna—Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (emphasis 8 original). “Neither the Constitution nor the statute requires a district judge to review, de 9 novo, findings and recommendations that the parties themselves accept as correct.” Jd. 10 Neither party has filed objections to the Report. Accordingly, the Court ADOPTS 11 Magistrate Judge Burkhardt’s Report [Dkt. 24] in its entirety. The Complaint against 12 ||Defendants is DISMISSED with leave to file an amended complaint on or before 13 ||December 14, 2022. 14 15 IT IS SO ORDERED. — 16 17 ||Dated: kc | | [2 CC 18 ( oy — 19 Honorable Jinsook Ohta 20 United States District Judge 21 22 23 24 25 26 27 28